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Son had packed in Uni now wants to return.

  • maisymoos
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17 Oct 13 #410559 by maisymoos
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I think others advise well, support your son if that is what you are able to do, but work out something between yourselves.

You say she is asking for a cost of living increase are you paying spousal maintenance?

Personally I think shes probably bluffing but I would let her go back to court if she chooses. A 23 year old is definitely an adult capable of making his/her own decisions and working out if they are affordable.

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17 Oct 13 #410560 by Shiver Metimbers
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No, the spousal maintenance stopped around 5 years ago.

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17 Oct 13 #410562 by maisymoos
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You therefore either give in or fight this one in court if she actually goes that far?! I would do the latter. (but still reckon she is trying it on!) Your court order is vague in wording but even so I think at 23 a judge would now expect your son to be standing on his own two feet. Good luck with whatever you decide to do.

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17 Oct 13 #410564 by Gillian48
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As others have said child maintenance stops once the child is out of full time education - which is the same time when the child benefit and any child tax credits cease.
If you wish to support your son through his university education do so by giving him money directly - if your ex has taken legal advice I''m guessing she has been told she''s no chance - she may try but that will be expensive. Tell her you''ll support your son direct and work the amount out between yourselves.

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17 Oct 13 #410566 by Shiver Metimbers
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I have read somewhere that the rules regarding the CSA which are also applicable to court orders are for orders dated before 2003. Mine is dated 2001 otherwise I could have opted out of the court order in preference for the CSA 10 years ago.

She has said in her letter that the order quite plainly says until finished further education. I''m arguing that my Son left further education and the court order does not accommodate for leaving, returning after gap years etc.

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17 Oct 13 #410568 by CakesandFlowers
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Shiver Metimbers wrote:

I have read somewhere that the rules regarding the CSA which are also applicable to court orders are for orders dated before 2003. Mine is dated 2001 otherwise I could have opted out of the court order in preference for the CSA 10 years ago.

She has said in her letter that the order quite plainly says until finished further education. I''m arguing that my Son left further education and the court order does not accommodate for leaving, returning after gap years etc.


I agree with others. At 23 you should be able to come to an arrangement with your son. I think your ex wife is blowing hot air.

What happens if he drops out again and decides to return when he is 30!?

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17 Oct 13 #410584 by maisymoos
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Put it this way, anyone at whatever age can choose to return to further education. Plenty do even in their 30''s and 40''s ++++. There has got to be an end and I think any judge will recognise this. I say stick to your guns, support your son if you can but I think paying your child maintenance in this situation is not realistic! Spousal maintenance would be different, but as you say this stopped 5 years ago.

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